Board of Public Works Meeting — Agenda Packet

A Quorum of the Common Council, Administration Committee, Personnel Committee, Plan Commission, Redevelopment Authority, and other City bodies may attend this meeting, though no official action of these bodies will be taken. BOARD OF PUBLIC WORKS MEETING AGENDA Monday, June 1, 2026 at 6:45 PM First Floor Conference Rooms 100 Main Street, Menasha, WI or immediately following the Administration Committee meeting A. Call to Order B. Roll Call C. Public Comments on Any Matter Listed on the Agenda (5 minute time limit for each person) D. Minutes to Approve 1. Board of Public Works, 5/18/26 E. Discussion / Action Items 1. Payment — McMahon Engineers Architects; Contract No. M0002-09-00105; 2026 Utility Reconstruction; $167,092.08 (Payment No. 1) 2. Recommend to Award — Contract Unit No. 2026-04; Midway Place Rehabilitation; Northeast Asphalt, Inc., $117,852.65. 3. Nicolet Boulevard Intersection Control Evaluation Intermunicipal Agreement 4. Nicolet Boulevard Intersection Control Evaluation Professional Services Agreement 5. Public Works Department General Activity F. Adjournment "Menasha is committed to its diverse population. Our Non-English speaking population and those with disabilities are invited to contact the Menasha City Clerk at 967-3603 24-hours in advance of the meeting for the City to arrange special accommodations." Page 1 of 24 BOARD OF PUBLIC WORKS MINUTES Monday, May 18, 2026 at 6:45 PM First Floor Conference Rooms 100 Main Street, Menasha, WI A. CALL TO ORDER Meeting called to order by Chair Marshall at 8:10pm. B. ROLL CALL Present: Alds. Rand, Hale, Perkins, Lewis, Marshall, Grade, School Absent: Ald. Eisenach Also Present: DPW Merten, CDD Dane, PRD Sackett, PHD Hutter, DPC Hanchek, CA Struve, Mayor Hammond, DC Janet C. PUBLIC COMMENTS ON ANY MATTER LISTED ON THE AGENDA D. MINUTES TO APPROVE 1. Board of Public Works, 4/21/26 Motion by District 8 Alderperson School seconded by District 7 Alderperson Grade to approve. Motion carried on voice vote. 2. Special Board of Public Works, 5/4/26 Motion by District 8 Alderperson School seconded by District 7 Alderperson Grade to approve. Motion carried on voice vote. E. DISCUSSION / ACTION ITEMS 1. Recommend to Award — Contract Unit No. 2026-05; Asphaltic Concrete Pavement Crack Sealing Various City Streets; Fahrner Asphalt Sealers, LLC; $44,321.00 Motion by District 8 Alderperson School, seconded by District 3 Alderperson Hale to approve. Motion carried 7-0 on roll call. 2. Recommend to Award — Contract Unit No. 2026-06; Asphaltic Concrete Pavement Chip Sealing Various City Streets; Fahrner Asphalt Sealers, LLC; $55,716.00 Motion by District 8 Alderperson School, seconded by District 3 Alderperson Hale to approve. Motion carried 7-0 on roll call. 3. Payment — Northeast Asphalt, Inc; Contract No. 2025-03; Jefferson Park Boat Launch; $129,383.71 (Payment No. 7) Motion by District 8 Alderperson School, seconded by District 7 Alderperson Page 2 of 24 Grade to approve. Motion carried 7-0 on roll call. F. ADJOURNMENT Motion by District 8 Alderperson School seconded by District 5 Alderperson Lewis to adjourn the Board of Public Works meeting at 8:16pm. Motion carried on voice vote. Minutes submitted by Deputy City Clerk Evan Janet. Page 3 of 24 Page 4 of 24 Page 5 of 24 Page 6 of 24 City of Menasha | Department of Public Works MEMORANDUM DATE May 27, 2026 TO Board of Public Works FROM James Merten, Director of Public Works Corey Gordon, Deputy Director of Engineering RE Recommend to Award — Contract Unit No. 2026 -04 The City of Menasha publicly opened bids on Wednesday, May 27, 2026, for Contract Unit No. 2026-04. Two bids were received as indicated on the enclosed bid tabulation. This project consist s of resurfacing asphalt pavement on Midway Place (Midway Rd to Terminus). Recommendation Motion to recommend awarding Contract Unit No. 2026-04, Midway Place Rehabilitation to Northeast Asphalt, LLC ; $117,852.65 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3610 | Fax (920) 967-5272 | menashawi.gov Page 7 of 24 Item Quantity Description Base Bid Unit Price Item Total Unit Price Item Total 1 4,357 Pavement/Base Pulverizing $ 0.70 $ 3,049.90 $ 0.75 $ 3,267.75 2 371 Unclasified Excavation $ 27.00 $ 10,017.00 $ 83.80 $ 31,089.80 3 4,467 Fine Grading and Compaction $ 2.40 $ 10,720.80 $ 4.30 $ 19,208.10 4 10 Utility Adjustment $ 735.00 $ 7,350.00 $ 700.00 $ 7,000.00 5 2 Water Value Adjustment $ 110.00 $ 220.00 $ 250.00 $ 500.00 6 157 Sawcut (Asphalt Only) $ 2.25 $ 353.25 $ 2.80 $ 439.60 7 578 Asphalt Binder Course Pavement 2 1/4" Thick $ 74.10 $ 42,829.80 $ 105.00 $ 60,690.00 8 449 Asphalt Surface Course Opavement 1 3/4" Thick $ 83.10 $ 37,311.90 $ 118.00 $ 52,982.00 9 1 Erosion Control $ 500.00 $ 500.00 $ 2,100.00 $ 2,100.00 10 1 Traffic Control $2,000.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 11 1 Construction Mobile/Demobile; Project Coordination; All Incidental Utility and Misc. Roadway Work; and All Other Project Work Area Restoration and Clean-Up to an Equal and/or Better Preconstruction Condition as Required and Related to the Overall Projec $3,500.00 $ 3,500.00 $13,600.00 $ 13,600.00 $ 117,852.65 $ 194,877.25 Total Base Bid Unit 2026-04 Midway Place Rehabilitation (Items 1 - 11) MCC Itemized Bid Tabulation City of Menasha Contract Unit No. 2026-04 Midway Place Rehabilitation Northeast Asphalt, Inc Page 8 of 24 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3610 | Fax (920) 967-5272 | menashawi.gov City of Menasha | Department of Public Works MEMORANDUM DATE May 26, 2026 TO Board of Public Works FROM James Merten, Director of Public Works RE Nicolet Boulevard Intersection Control Evaluation Intermunicipal Agreement The adopted Capital Improvement Plan includes design services in 2026 for the reconstruction of Nicolet Boulevard between Washington Street and Ahnaip Street (currently scheduled for 2028). This project is a joint effort with the City of Neenah that includes evaluating alternative intersection treatments at both Washington Street and Ahnaip Street. In 2025, Neenah completed a roundabout feasibility study that provided a high-level assessment of converting the existing signalized intersections at those locations to roundabouts. As the study results were well received by both communities and because Washington Street is classified as a state connecting highway (WIS 114), state guidelines require a formal Intersection Control Evaluation (ICE) for the corridor. Staff from both communities have agreed that Menasha will lead the ICE. Attached for your consideration is a proposed intermunicipal agreement with Neenah to complete this evaluation. Consistent with the previous intermunicipal agreement for the roundabout feasibility study, each community will share the cost of the ICE on a 50/50 basis and Neenah will pay Menasha an administrative fee equal to 10% of Neenah’s cost share to compensate Menasha for its services in preparing and managing the required project documentation. Staff recommendation: Approve the intermunicipal agreement with the City of Neenah to conduct the Intersection Control Evaluation for the Nicolet Boulevard project at the Washington Street and Ahnaip Street intersections. Page 9 of 24 Page 1 of 3 NICOLET BOULEVARD – COMMERCIAL STREET INTERSECTION CONTROL EVALUATION INTERMUNICIPAL AGREEMENT CITY OF NEENAH - CITY OF MENASHA THIS AGREEMENT is entered into under Wis. Stat., § 66.0301(2) & (7) between the City of Neenah, a Wisconsin Municipal Corporation, located in Winnebago County, State Wisconsin (hereafter “Neenah)”; and the City of Menasha, a Wisconsin Municipal Corporation, located in Winnebago County, State of Wisconsin (hereafter “Menasha)” (collectively, the “Parties”). Recitals WHEREAS, Neenah and Menasha hereby agree to evaluate the intersections of Nicolet Boulevard/Commercial Street/Washington Street/First Street/Sanford Street and Nicolet Boulevard/Ahnaip Street/Third Street, which are partially located in both cities, by conducting Intersection Control Evaluations (Studies); and WHEREAS, the intersections lie on the border of Menasha and Neenah; and WHEREAS, a change in traffic control at the intersections impact both cities; and WHEREAS, Neenah and Menasha had previously conducted roundabout feasibility analyses at the intersections, which concluded that it would be possible to construct a roundabout at each intersection; and WHEREAS, it is in the Parties’ interest to contract with MSA Professional Services, Inc., the consultant who conducted the feasibility study, given their familiarity with the project and the overlapping nature of the work with the Studies; and WHEREAS, Neenah and Menasha have negotiated an arrangement whereby Menasha will be the lead jurisdiction for the Studies, and the Parties will share in their costs as set forth below. NOW, THEREFORE, in consideration of the above recitals, which are contractual, the exchange of mutual promises given, one city to the other, and for other good and valuable consideration the receipt of which is acknowledged, the Parties hereby agree as follows: 1. Menasha shall be solely responsible for negotiating and entering into a contract with MSA Professional Services, Inc. for the Studies. The Parties shall share the costs of such contract and related activities as set forth in Paragraph 4 below. 2. While both Parties will be ultimately responsible for paying the Studies’ costs as set forth below, Menasha shall be initially responsible to pay the consultant performing the Studies. Upon receipt of the completed Studies’ reports (or as otherwise provided in the prospective contract therefor) Menasha shall invoice Neenah for its proportionate (50%) share of the costs. The invoices shall only require payment for that portion of the Work then in place at the time the invoice is submitted. Neenah shall pay, as and for reimbursement, Menasha’s invoices within 30 days of their respective receipt. Page 10 of 24 Page 2 of 3 3. The Parties agree to share all costs in the following manner: a. Each City will pay for half (50%) of the cost of the Study. b. Menasha shall review and recommend action on contract amendments related to the Study in consultation with Neenah. The decision of Menasha regarding such amendments shall be final. Menasha shall notify Neenah of said actions. c. The Parties agree that the final invoice submitted to Neenah shall include an administrative charge equal to 10% of Neenah’s total cost share. 4. To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other party, and their respective elected officials, officers, employees, insurers and agents from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorneys' fees, and statutory court costs (together "Claim") arising out of or resulting from or in connection with the performance of the Work, provided that either party's obligation under this section applies only to the extent of its negligence or intentional acts. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity or contribution that would otherwise exist and pertain. 5. Prior to its beginning the Work, Menasha shall require evidence acceptable to it necessary proof that the provider of the Studies has secured and will maintain adequate insurance coverage as follows: • Worker's Compensation: Statutory Limits • Employer's Liability: Bodily Injury By Accident $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Employee • Comprehensive Auto Liability Each Occurrence $500,000 Comprehensive Auto Liability insurance required under this paragraph shall be written on an "any auto" or Symbol 1 basis. • Umbrella Coverage $2,000,000 • Commercial General Liability Each Occurrence Limit $1,000,000 Personal/Advertising Injury Limit $1,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Per Project General Aggregate Limit $2,000,000 All insurance coverages shall be on a primary and non-contributing basis. In addition, a certificate of insurance shall be issued and provided to Menasha naming it and Neenah as additional insureds on the consultant’s policy. 6. This Agreement represents the entire integrated agreement between the Parties. This Agreement may only be amended by the written agreement of both Parties. 7. Notices under this agreement shall be sent to the following addresses: Page 11 of 24 Page 3 of 3 If to the City of Neenah: If to the City of Menasha: City Clerk City of Neenah 211 Walnut Street Neenah, WI 54956 City Clerk City of Menasha 100 Main Street, Suite 200 Menasha, WI 54952 Dated this _______ of ______________, 2026. CITY OF NEENAH CITY OF MENASHA By:_________________________________ By: _____________________________ Brian D. Borchardt, Mayor Austin R. Hammond, Mayor Attest:______________________________ Attest: ___________________________ Charlotte K. Nagel, City Clerk Kaija Snyder, City Clerk I hereby certify that the necessary funds have been provided to pay for the liability incurred by the City of Neenah on the within contract. By: ___________________________________ Director of Finance Approved as to form: __________________________________ David C. Rashid, Neenah City Attorney Approved as to form: ___________________________________ Margaret J. Struve, Menasha City Attorney Page 12 of 24 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3610 | Fax (920) 967-5272 | menashawi.gov City of Menasha | Department of Public Works MEMORANDUM DATE May 26, 2026 TO Board of Public Works FROM James Merten, Director of Public Works RE Nicolet Boulevard Intersection Control Evaluation Professional Services Agreement Last year, the Cities of Neenah and Menasha entered into an intermunicipal agreement to complete a roundabout feasibility study for the Nicolet Boulevard reconstruction project, currently scheduled for 2028. Neenah contracted with MSA Professional Services, Inc. to perform that study. The next step in the project is to complete a formal Intersection Control Evaluation (ICE) for the corridor. If approved, this evaluation will be led by Menasha. Approval of the associated intermunicipal agreement between the two communities for the ICE is currently pending before both communities’ committees and Common Councils. Given the significant overlap in scope between the feasibility study and the ICE, along with MSA’s detailed knowledge of the project, staff recommends MSA to conduct the evaluation, building off of the work they’ve already completed. Attached is a proposed professional services agreement with MSA to conduct the ICE for an estimated amount of $11,690. Funding is available in the 2026 budget, which would be sourced from the $50,000 designated for design services related to this project. Staff Recommendation: Approve the professional services agreement with MSA Professional Services, Inc. to conduct the Intersection Control Evaluation for the Nicolet Boulevard project at Washington Street and at Ahnaip Street, contingent upon execution of the intermunicipal agreement between the Cities of Neenah and Menasha. Page 13 of 24 Page 1 of 9 G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx SUCCESSOR CONTRACT TO ORIGINAL AGREEMENT WITH CITY OF NEENAH, DATED 5/28/2025 MSA Project Number: 07684017 This AGREEMENT (Agreement) is made effective 6/15/2026 by and between MSA PROFESSIONAL SERVICES, INC (MSA) Address: 1702 Pankratz Street, Madison, WI 53704 Phone: (608) 242-7779 Representative: Brian Huibregtse, PE PTOE Email: bhuibregtse@msa-ps.com CITY OF MENASHA (OWNER) Address: 100 Main Street, Suite 200, Menasha, WI 54952 Phone: (920) 967-3611 Representative: James Merten, P.E.. Email: jmerten@menashawi.gov Project Name: Nicolet Boulevard - ICE Reports – Successor Contract The project scope has changed due to: Request to complete Phase 1 and Phase 2 ICE Reports for two locations on Nicolet Blvd. The scope of the work authorized is: See Attachment A: Scope of Services The schedule to perform the work is: Approximate Start Date: 6/15/2026 Approximate Completion Date: 8/15/2026 The estimated fee for the work is: $11,690 All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a time and expense basis. Attachment B: Rate Schedule (2025) is attached and made part of this Agreement. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF MENASHA MSA PROFESSIONAL SERVICES, INC. James Merten, P.E. Brian Huibregtse, PE PTOE Director of Public Works Senior Team Leader Date: Date: 5/20/2026 Page 14 of 24 Page 2 of 9 (General Terms & Conditions - Public) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx MSA PROFESSIONAL SERVICES, INC. (MSA) GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) (rev 01/26) 1. Scope and Fee. The scope of Owner’s Project (the “Project”), scope of MSA’s services (the “Work”), for those services are defined in Attachment A. The scope and fee constitute a good faith estimate of the tasks and associated fees required to perform the services defined in Attachment A. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service or involve renovation of an existing building or structure, activities often cannot be fully defined during initial planning. As the Project progresses, facts uncovered may reveal a change in direction which may alter the Work. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. 2. Owner’s Responsibilities. (a) Project Scope and Budget The OWNER shall define the scope and budget of the Project and, when applicable, periodically update the Project budget, including that portion allocated for the cost of the Work. The Project budget shall include contingencies for design, development, and, when required by the scope of the Project, construction of the Project. The OWNER shall not significantly increase or decrease the overall Project scope or schedule, the portion of the budget allocated for the cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of MSA to a corresponding change in the Project scope, quality, schedule, and compensation of MSA. (b) Designated Owner Representative The OWNER shall identify a Designated Representative who shall be authorized to act on behalf of the OWNER with respect to the Project. OWNER’s Designated Representative shall render related decisions in a timely manner so as to avoid unreasonable delay in the orderly and sequential progress of MSA’s services. MSA shall not be liable for any error or omission made by OWNER, OWNER’s Designated Representative, or OWNER’s consultant. (c) Tests, Inspections, and Reports When required by the scope of the Project, the OWNER shall furnish tests, inspections, and reports required by law or the Contract Documents, such as planning studies; preliminary designs; structural, mechanical, or chemical tests; tests for air, water, or soil pollution; and tests for hazardous materials. (d) Additional Consultants MSA’s consultants shall be identified in Attachment A. The OWNER shall furnish the services of other consultants other than those designated in Attachment A, including such legal, financial, accounting, and insurance counseling services as may be required for the Project. (e) OWNER Provided Services and Information MSA shall be entitled to rely on the accuracy and completeness of services and information furnished by the OWNER, Designated OWNER Representative, or Consultant. MSA shall use reasonable efforts to provide prompt written notice to the OWNER if MSA becomes aware of any errors, omissions, or inconsistencies in such services or information. 3. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Balances due past thirty (30) days shall be subject to an interest charge at a rate of 18% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 4. Costs and Schedules. Costs (including MSA’s fees and reimbursable expenses) and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, pandemics, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 5. Access to Site. Owner shall furnish right-of-entry on the Project site for MSA and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of Page 15 of 24 Page 3 of 9 (General Terms & Conditions - Public) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 6. Location of Utilities. Owner shall supply MSA with the location of all pre-existent utilities and MSA has the right to reasonably rely on all Owner supplied information. In those instances where the scope of services require MSA to locate any buried utilities, MSA shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend MSA in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information of instructions which have been furnished to MSA by others. 7. Professional Representative. MSA intends to serve as the OWNER’s professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other recommendations made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However, MSA cannot and does not warrant or represent that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 8. Construction. When applicable to the scope of the Project, the OWNER shall contract with a licensed and qualified Contractor for implementation of construction work utilizing a construction contract based on an EJCDC construction contract and general conditions appropriate for the scope of the Project and for the delivery method. In the construction contract, the OWNER shall use reasonable commercial efforts to require the Contractor to (1) obtain Commercial General Liability Insurance with contractual liability coverage insuring the obligation of the Contractor, and name the OWNER, MSA and its employees and consultants as additionally insureds of that policy; (2) indemnify and hold harmless the OWNER, MSA and its employees and consultants from and against any and all claims, damages, losses, and expenses (“Claims”), including but not limited to reasonable attorney’s fees and economic or consequential damages arising in whole or in part out of the negligent act or omission of the contractor, and Subcontractor or anyone directly or indirectly employed by any of them. This agreement shall not be construed as giving MSA, the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work, the same being the sole and exclusive responsibility of the contractors or subcontractors. 9. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment, which is known as the “standard of care”. The standard of care is defined as that level of skill and care ordinarily exercised by members of the same profession practicing at the same point in time and in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 10. Municipal Advisor. MSA Professional Services, Inc. is not acting as a ‘Municipal Advisor’ to the owner pursuant to Section 15B of the Exchange Act. For financial advice related to the corresponding project, the client is encouraged to discuss their finances with internal and/or external advisors and experts before making decisions incurring debt and/or supporting those obligations. MSA desires to serve each client well by providing the best information publicly available and is providing information as part of its engineering responsibilities to inform client options. The information is not intended to provide financial advice or recommendations and is not bound by the formal Municipal Advisor fiduciary duty. 11. Conduct Expectations. Owner and MSA understand their respective obligations to provide a safe, respectful work environment for their employees. Both parties agree that harassment on the job (unwelcome verbal, physical or other behavior that is related to sex, race, age, or protected class status) will not be tolerated and will be addressed timely and in compliance with anti-harassment laws. Page 16 of 24 Page 4 of 9 (General Terms & Conditions - Public) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx 12. Electronic Documents and Transmittals. Owner and MSA agree to transmit and accept project related correspondence, documents, text, data, drawings and the like in digital format in accordance with MSA’s Electronic Data Transmittal policy. Each party is responsible for its own cybersecurity, and both parties waive the right to pursue liability against the other for any damages that occur as a direct result of electronic data sharing. 13. Building Information Modelling (BIM). For any projects, and not limited to building projects, utilizing BIM, OWNER and MSA shall agree on the appropriate level of modelling required by the project, as well as the degree to which the BIM files may be made available to any party using the Electronic Document Transmittal provisions of section 12 of this Agreement. 14. Construction Site Visits. If the scope of services includes services during the Construction Phase, MSA shall make visits to the site as specified in Attachment A– Scope of Services. MSA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 15. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non-terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and/or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 16. Betterment. If, due to MSA’s error, any required or necessary item or component of the Project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the Project. 17. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in identifying, generating, treating, storing, or disposing of hazardous substances or materials which may be present at the Project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the Project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and/or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 18. Insurance. MSA will maintain insurance coverage for: Worker's Compensation, General Liability, and Professional Liability. MSA will provide information as to specific limits upon written request. If the OWNER requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional Page 17 of 24 Page 5 of 9 (General Terms & Conditions - Public) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amount which MSA has in effect. 19. Reuse of Documents. Reuse of any documents and/or services pertaining to this Project by the OWNER or extensions of this Project or on any other project shall be at the OWNER’s sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys’ fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 20. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER’s officers, directors, members, partners, consultants, and employees (hereinafter “OWNER”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA’s officers, directors, members, partners, employees, or Consultants (hereinafter “MSA”). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA’s officers, directors, members, partners, consultants, and employees (hereinafter “MSA”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER’s officers, directors, members, partners, employees, or Consultants (hereinafter “OWNER”). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA’s total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA’s negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 21 . Accrual of Claims. To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if MSA’s services do not include Construction Phase services, or the Project is not completed, then no later than the date of Owner’s last payment to MSA. 22. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters thru mediation with a mutually agreed upon mediator. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action in the court having jurisdiction as specified in this Agreement. Page 18 of 24 Page 6 of 9 (General Terms & Conditions - Public) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx 23. Exclusion of Special, Indirect, Consequential and Liquidated Damages. MSA shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the Project or this contract. 24. Limitation of Liability. Neither MSA, its Consultants (if any), nor their employees shall be jointly, severally, or individually liable to the OWNER in excess of the amount of the insurance proceeds available. 25. Successors and Assigns. The successors, executors, administrators, and legal representatives of Owner and MSA are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither party may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, which shall not be unreasonable withheld, except to the extent that any assignment, subletting, or transfer is mandated by law. 26. Notices. Any notice required under this Agreement will be in writing, and delivered: in person (by commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. All such notices are effective upon the date of receipt. 27. Survival. Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 28. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and MSA. 29. No Waiver. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Agreement. 30. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State in which the project is located. 31. Jurisdiction. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State in which the project is located for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be in the County in which the project is located. 32. Understanding. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. Page 19 of 24 Page 7 of 9 (Attachment A: Scope of Services) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx ATTACHMENT A: SCOPE OF SERVICES Scope of Services : PROJECT OVEVIEW MSA will prepare traffic forecasts, safety analyses, and an Intersection Control Evaluation (ICE) for two study intersections using WisDOT-approved methods and analysis tools to evaluate operational and safety performance. The project includes Phase 1 and Phase 2 ICE reports with conceptual layouts and cost estimates, coordination with WisDOT where required, and review meetings with City staff. DATA COLLECTION Vehicle turning movement count data will be collected by the East Central Wisconsin Regional Planning Commission (ECWRPC) and provided to MSA by City representatives for use in the traffic analysis. Data collection will occur on a typical weekday (Tuesday through Thursday) during the AM and PM peak hours at both study intersections. Counts will be collected on a day with a typical schedule (no special events) while school is in session and during average, precipitation-free weather conditions. MSA will fill out a Wisconsin Department of Transportation (WisDOT) DT1601 Traffic Forecast Request form to have traffic volumes forecasted to future design-year conditions. CRASH ANALYSIS MSA will obtain available crash data for the study intersections through the University of Wisconsin’s Traffic Operations and Safety (TOPS) Laboratory. Crash data will be summarized, and crash diagrams will be prepared for each intersection. INTERSECTION CONTROL EVALUATION (ICE) REPORT MSA understands that the City desires an Intersection Control Evaluation (ICE) for both study intersections to determine the most appropriate future intersection forms and control strategies. A Phase I ICE Report will be prepared to provide a high-level, scoping comparison of feasible alternatives at the Nicolet Boulevard/Commercial Street intersection based on the alternatives reviewed in the Intersection Feasibility Study completed by MSA. The Phase I ICE Report for the Nicolet Boulevard/Commercial Street intersection will be submitted to the WisDOT Northeast Region for review and approval. Alternatives identified as feasible through the Phase I ICE Report will be carried forward into a Phase II ICE Report. Because the Nicolet Boulevard/Ahaip Street/Third Street intersection is located on local roadways, WisDOT review and approval are not required, and a Phase I ICE Report is not needed to identify alternatives for a Phase II ICE Report. It is assumed that an all-way stop, roundabout and a signalized Page 20 of 24 Page 8 of 9 (Attachment A: Scope of Services) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx intersection alternative will be evaluated as part of the Phase II ICE Report. The roundabout alternative will build upon the concepts developed in the Intersection Feasibility Memo completed by MSA. Phase II ICE Reports will include the following:  Operational analyses conducted with new traffic counts and forecasts using current WisDOT-approved software and procedures  Safety Analysis  Conceptual-level layouts developed as part of the feasibility studies and used for the ICE reports  Conceptual Cost Estimate for each alternative Both Phase I and Phase II ICE Reports will be prepared in accordance with applicable WisDOT Facilities Development Manual (FDM) requirements. The Phase 2 ICE Report for the Nicolet Boulevard/ Commercial Street intersection will also be submitted to the WisDOT Northeast Region for review and approval. SURVEY If the City determines that additional field survey data would be beneficial for other purposes, this work could be completed as an additional service. PROJECT ADMINISTRATION & MEETINGS MSA will coordinate two review meetings with City staff:  One meeting to review the Phase 1 ICE Reports  One meeting to review the Phase 2 ICE Reports These meetings are anticipated to be conducted virtually. One additional meeting is included and can be scheduled at the City’s request. Page 21 of 24 Page 9 of 9 (Attachment B: Rate Schedule) G:\07\07684\07684017\Contract\PSA_Nicolet Blvd ICE Reports 2026 - Contract Amendment_MSA.docx ATTACHMENT B: RATE SCHEDULE (2025) Rate schedule matches what was included in the original agreement. CLASSIFICATION LABOR RATE Administrative ............................................................................................ $ 85 – $154/hr. Architects ................................................................................................... $ 85 – $198/hr. Community Development Specialists ......................................................... $137 – $198/hr. Digital Design ............................................................................................. $115 – $151/hr. Environmental Scientists/Hydrogeologists .................................................. $110 – $193/hr. Geographic Information Systems (GIS) ...................................................... $100 – $193/hr. Housing Administration .............................................................................. $ 97 – $198/hr. Inspectors/Zoning Administrators ............................................................... $110 – $160/hr. IT Support .................................................................................................. $175 – $193/hr. Land Surveying .......................................................................................... $ 85 – $198/hr. Landscape Designers & Architects ............................................................. $ 85 – $220/hr. Planners..................................................................................................... $ 85 – $215/hr. Principals ................................................................................................... $225 – $314/hr. Professional Engineers/Designers of Engineering Systems ....................... $155 – $204/hr. Project Managers ....................................................................................... $120 – $248/hr. Real Estate Professionals .......................................................................... $140 – $193/hr. Staff Engineers .......................................................................................... $ 85 – $149/hr. Technicians ................................................................................................ $100 – $151/hr. Wastewater Treatment Plant Operator ....................................................... $ 92 – $118/hr. REIMBURSABLE EXPENSES Copies/Prints ...................................................................... Rate based on volume Specs/Reports ......................................................... $10 Copies ..................................................................... $0.14/page Plots ........................................................................ $0.01/sq.in. Flash Drive .............................................................. $10 GPS Equipment .................................................................. $20/hour - $10.75/hour for DOT GPS R2 Equipment ............................................................ $20/hour - $2/hour for DOT Dini Laser Level .................................................................. $85/per day Mailing/UPS ........................................................................ At cost Mileage – Reimbursement .................................................. IRS Rate – IRS Rate + $5/day Mileage – MSA Vehicle ....................................................... $0.70 mile standard/ ........................................................................................... $0.69 mile for DOT Nuclear Density Testing ...................................................... $30/day Organic Vapor Field Meter .................................................. $100/day PC/CADD Machine ............................................................. Included in labor rates Robotic Survey Equipment .................................................. $20/hour - $10/hour for DOT Stakes/Lath/Rods ................................................................ At cost Travel Expenses, Lodging, & Meals .................................... At cost Traffic Counting Equipment & Data Processing ................... At cost Geodimeter ......................................................................... $30/hour Drone Flight ........................................................................ $375/flight - $360/flight for DOT Expense rates represent an average or range for a particular category and are subject to change to match incurred cost in real time. Page 22 of 24 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3151 Phone (920) 967-3610 | Fax (920) 967-5272 | menashawi.gov City of Menasha | Department of Public Works MEMORANDUM DATE May 28, 2026 TO Board of Public Works FROM James Merten, Director of Public Works RE Public Works General Activity 1. WisDOT Project 4992-00-59 – Racine Street Reconstruction (2025): Staff has been working with Wisconsin Department of Transportation (WisDOT) to address the failure of the pavement markings on Racine Street from last year’s project. WisDOT is requiring its contractor to remove and replace the pavement markings at its own cost. The warranty work is currently scheduled for Monday, June 1st. Full traffic closures are not expected for this work. Menasha School District has been notified. 2. WisDOT Project 4646-02-71 – CTH P (Valley Road) Reconstruction: Stage 1, which included major storm sewer work, has been completed. The contractor is nearing completion of Stage 2 and is currently paving the west half of the project. Once this work is finished, the project will move into its final stage, which involves reconstructing the east half of the roadway. 3. WisDOT Project 1500-49-60 – USH 10/STH 114 Resurfacing: While not a city‑involved project, it is worth noting that WisDOT has scheduled pavement repair work consisting primarily of concrete panel patching and surface grinding. Traffic control will begin on June 8, with short‑term intersection closures starting June 15. One lane in each direction will remain open on USH 10 for the duration of the project. 4. Contract M00002-09-00105 – Utility Reconstruction (Eighth Street/Third Street/Clovis Park/Pleasants Park): Water main on Eighth Street has been completed. The contractor is currently working on water and sanitary sewer laterals on Eighth Street. Upon completion of this work, the contractor intends to complete the storm sewer projects in Pleasants and Clovis Parks before moving to Third Street. 5. Contract 2026-01 – Street Construction (Eighth Street/Third Street): The contract has been approved. Work will not begin until after utility work (Contract M00002-09- 00105) and curb repairs (Public Works Staff) have been completed. 6. Contract 2026-02 – Pavement Markings (Racine Street/Third Street): The contract has been approved. Staff intends to coordinate the work to be scheduled after the Racine/First Traffic Signal Project has been completed to minimize disruption. Page 23 of 24 2 of 2 7. Racine/First Traffic Signals: Equipment has been delivered. Installation work is in queue for scheduling with the street crew. We are tentatively anticipating an early June start. 8. Racine/Broad Pedestrian Beacons: Equipment has been delivered. Installation is anticipated to occur after the Racine/First Traffic Signals Project. 9. GIS Implementation Project: The initial goal of creating an internal utility system map has been completed – vastly ahead of schedule and at a fraction of the anticipated budget. The next objectives are (1) to clean/refine utility data, (2) create additional dashboards and maps; and (3) to develop operational tools for improving management of other public works assets and routine tasks, some of which are already implemented or underway. A public GIS/mapping portal featuring a parcel viewer, voting districts, refuse/recycling zones, and snow plowing routes was developed and is now live. It can be found under the “Residents and Visitors” menu on the city’s website main page. (You can alternatively view it here.) 10. National Public Works Week (May 17-23): Public works and parks staff celebrated last week with a privately-funded cookout. I'm grateful to have witnessed first-hand our crews' dedication to delivering the small-town care that sets Menasha apart. Page 24 of 24